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Is it malpractice or wrongful death if a patient dies after surgery?

Is it malpractice or wrongful death if a patient dies after surgery?

Full question:

In California, is it malpractice or wrongful death when a patient dies of pneumonia-related to septic shock after surgery due to his inability to communicate pain. He had been over-sedated because he was incorrectly logged in as having dementia. The hospital staff never noticed that he was dehydrated from not eating or drinking; never diagnosed the pneumonia; and released him to a rehab facility following back surgery despite his primary care physician's request that he be admitted to an acute care facility. The hospital said there was no medical reason for his being in an acute care facility where he would have been monitored more closely. It is worthwhile for me to pursue a legal remedy?

Category: Civil Actions
Subcategory: Medical Malpractice
Date: 04/07/2025
State: California

Answer:

Medical malpractice occurs when a medical professional fails to meet accepted standards of practice, resulting in harm to the patient. To prove malpractice, you typically need expert testimony to show that the standard of care was not followed. This standard is often based on how similarly qualified practitioners would have managed the patient's care in similar circumstances.

Common malpractice cases involve failure to diagnose or treat a condition. This could mean that a doctor did not order necessary tests or misinterpreted test results. To claim damages, you must demonstrate that the lack of proper care worsened the condition due to incorrect or missing information.

If a medical malpractice leads to death, you may have two claims: a malpractice claim for the suffering before death, and a wrongful death claim for the financial loss to the deceased's family. In wrongful death cases, it must be proven that inadequate care caused the death and that it was not due to other factors.

Defendants in these cases often argue that their actions did not cause the injury or that it was due to a pre-existing condition. Laws regarding contributory and comparative negligence vary by state.

Given the complexity of medical malpractice cases, it’s advisable to consult with a local attorney who specializes in this area. They can review medical records and provide guidance. Many attorneys offer free consultations and may work on a contingency basis.

Users can search for state-specific legal templates at .

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is medical negligence in California?

Medical negligence in California occurs when a healthcare provider fails to provide the standard of care that a reasonably competent provider would have delivered in similar circumstances. This can include errors in diagnosis, treatment, or aftercare that result in harm to the patient. To establish negligence, it must be shown that the provider's actions deviated from accepted medical practices and caused injury.

What constitutes medical negligence in California?

In California, medical negligence is constituted by four main elements: a duty of care owed by the healthcare provider to the patient, a breach of that duty through substandard care, a direct link between the breach and the injury suffered, and demonstrable damages resulting from the injury. Each element must be proven to establish a case of negligence.

Is sepsis caused by malpractice?

Sepsis can be caused by malpractice if a healthcare provider fails to recognize or treat an infection in a timely manner, leading to the patient's deterioration. If it can be shown that the provider's negligence directly contributed to the development of sepsis, a malpractice claim may be valid. However, each case depends on specific circumstances and requires expert testimony.

What are the 4 elements of medical negligence?

The four elements of medical negligence are: 1) Duty of care: the provider had a responsibility to the patient. 2) Breach of duty: the provider failed to meet the standard of care. 3) Causation: the breach directly caused the patient's injury. 4) Damages: the patient suffered actual harm or loss as a result of the injury. All four elements must be proven for a successful claim.

What qualifies for medical malpractice in California?

In California, medical malpractice qualifies when a healthcare provider fails to adhere to the standard of care, resulting in harm to the patient. This includes misdiagnosis, improper treatment, or lack of informed consent. To pursue a claim, the patient must demonstrate that the provider's negligence directly caused their injury or worsened their condition.

Can you sue for death by sepsis?

Yes, you can sue for death by sepsis if it can be proven that the death resulted from medical negligence. This includes situations where a healthcare provider failed to diagnose or treat an infection properly, leading to sepsis. A wrongful death claim may be pursued if it can be established that the negligence directly caused the patient's death.